Kalpana Biri Manufacturing vs State Of Orissa And Others
2022 Latest Caselaw 4985 Ori

            IN THE HIGH COURT OF ORISSA AT CUTTACK
                                   CMAPL No. 140 of 2019
Kalpana Biri Manufacturing                    .....                                      Petitioner
Co. Pvt. Ltd., Sambalpur
                                                                  Mr. B. Mohanty, Advocate
                                        Vs.
State of Orissa and others                    .....                           Opposite Parties
                                                                           Mr. S. Rath, A.S.C.

                  CORAM:
                     DR. JUSTICE B.R. SARANGI
                     Mr. JUSTICE G. SATAPATHY
                                                      ORDER

21.09.2022 CMAPL No. 140 of 2019 & I.A. No.45 of 2019 Order No.

02. This matter is taken up through hybrid mode.

2. Heard learned counsel for the petitioner.

3. This CMAPL has been filed for restoration of W.P.(C) No.9645 of 2003 by recalling the order dated 10.02.2017.

4. This application has been filed after a delay of 703 days. On perusal of the records, there is delay of 703 days in filing the CMAPL application and each day delay has not been properly explained.

5. In view of the judgment passed by this Court in State of Orissa and another v. Bishnupriya Routray and another, 118 (2014) CLT 588, this Court is not inclined to condone the delay of 703 days in filing the CMAPL application.

6. Accordingly, the I.A. stands dismissed and consequentially, CMAPL stands dismissed.

                                                               (DR. B.R. SARANGI)
                                                                     JUDGE


                                                                  (G. SATAPATHY)
             Alok/Subhasmita                                           JUDGE